Jaideep Kumar Dhawan v. State Of Punjab

CRM-M No.26060 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.26060 of 2020 (O&M) Date of Decision.09.12.2020 (Heard through VC) Jaideep Kumar Dhawan

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Ms. Satpreet Grewal Kapila, Advocate for the petitioner.

Ms. Rashmi Attri, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.87 dated 20.05.2016 registered under Sections 302, 307, 427, 148, 149 IPC and Sections 25, 27, 54 & 59 of Arms Act at Police Station Cantonment, Amritsar.

Learned counsel for the petitioner inter alia would contend that the petitioner is in custody since 18.09.2017. The investigation is complete and the challan has already been presented. The postmortem report does not reflect that the injuries were inflicted from the gun shots of weapons so recovered from the petitioner herein. It is further argued that the co-accused namely Amardeep Singh @ Babbu has already been allowed bail by a Coordinate Bench of this Court vide order dated 26.11.2020 passed in CRM-M No.28557 of 2019 and therefore, seeks concession of bail on parity with aforesaid co-accused.

Learned counsel appearing on behalf of the respondent-State opposes the grant of bail by contending that several cases are pending PANKAJ KUMAR 2020.12.10 17:07 I attest to the accuracy and integrity of this document

CRM-M No.26060 of 2020 (O&M) -2against the petitioner and therefore, being a habitual offender is not entitled for concession of bail.

I have heard learned counsel for the parties and have perused the paper book and the order passed by the Coordinate Bench in the Crl. Misc. Petition referred to above.

Keeping in view the fact that the co-accused has already been allowed bail by this High Court and the fact that the petitioner is in custody since 18.09.2017 and the trial is likely to take some time to conclude owing to COVID-19 pandemic situation, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE December 09, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.12.10 17:07 I attest to the accuracy and integrity of this document